HBA-ATS C.S.H.B. 500 76(R)BILL ANALYSIS
Office of House Bill AnalysisC.S.H.B. 500
By: Averitt
Civil Practices
4/30/1999
Committee Report (Substituted)
BACKGROUND AND PURPOSE
The Charitable Immunity and Liability Act of 1987 (Act) limits the
liability of a charitable organization for damages based on an act or
omission by the organization, its employees, or volunteers. However, the
protections of the Act do not extend to a health care provider unless the
provider is a federally funded migrant or community health center or is a
nonprofit health maintenance organization created and operated by a
community center or unless the provider usually provides discounted
services at or below costs based on the ability of the beneficiary to pay.
Under the Act, a volunteer health care provider who provides health care
services without compensation may be liable for the volunteer's acts or
omissions. Potential liability may discourage volunteers from providing
free health care to people unable to afford medical care.
C.S.H.B. 500 redefines "volunteer" under the Act to include a volunteer
health care provider. A "volunteer health care provider" is an individual
who voluntarily provides free health care services and who is a medical
professional licensed under state law or a retired medical professional who
is eligible to provide health care services under state law. Under this
bill, a volunteer health care provider who serves as a direct service
volunteer of a charitable organization is immune from civil liability for
any act or omission that results in death, damage, or injury to a patient
if four conditions are satisfied. First, the volunteer must have acted in
good faith and in the course and scope of the volunteer's organizational
duties or functions. Second, the volunteer must have committed the act or
omission while providing health care services to the patient. Third, the
services provided had to have been within the scope of the volunteer's
license. Fourth, the patient must have signed a written statement, before
the volunteer provided health care services, that acknowledges that the
volunteer is providing uncompensated care and the limitations on the
recovery of damages from the volunteer in exchange for receiving the health
care services.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 84.003, Civil Practice and Remedies Code, by
amending Subdivision (2) and adding Subdivision (5), as follows:
(2) Provides that the term "volunteer" includes a volunteer health care
provider. Makes a nonsubstantive change.
(5) Defines a "volunteer health care provider" as an individual who
voluntarily provides free health care services and who is a medical
professional licensed under state law or a retired medical professional who
is eligible to provide health care services under state law.
SECTION 2. Amends Section 84.004, Civil Practice and Remedies Code, as
follows:
Sec. 84.004. VOLUNTEER LIABILITY. (a) Makes a conforming change.
(b) Includes a volunteer health care provider described by Subsection (c)
or (d) in the exceptions to immunity from civil liability for any act or
omission, committed by a volunteer who serves as a direct service volunteer
of a charitable organization, that results in death, damage, or injury if
the volunteer acted in good faith and in the course and scope of the
volunteer's organizational duties or functions.
(c) Establishes that if four conditions exist, a volunteer health care
provider who serves as a direct service volunteer of a charitable
organization is immune from civil liability, except as provided by
Subsection (d) and Section 84.007 (Applicability), for any act or omission
that results in death, damage, or injury to a patient. First, the
volunteer must have acted in good faith and in the course and scope of the
volunteer's organizational duties or functions. Second, the volunteer must
have committed the act or omission while providing health care services to
the patient. Third, the services provided had to have been within the
scope of the volunteer's license. Fourth, the patient must have signed a
written statement, before the volunteer provides health care services, that
acknowledges that the volunteer is providing uncompensated care and the
limitations on the recovery of damages from the volunteer in exchange for
receiving the health care services. If the patient is a minor or is
otherwise legally incompetent, the patient's parent, managing conservator,
legal guardian, or other person with legal responsibility for the care of
the patient must sign the statement.
(d) Created from existing text.
(e) Redesignates this from existing Subsection (d).
SECTION 3. Effective date: September 1, 1999.
Makes application of this Act prospective.
SECTION 4. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 500 modifies the original bill in SECTION 1 (proposed Subdivision
(5)(D), Section 84.003, Civil Practice and Remedies Code) by including an
advanced nurse practitioner and a retired advanced nurse practitioner among
the registered nurses and retired registered nurses, respectively, defined
as "volunteer health care providers."
The substitute modifies the original by adding Subdivision (5)(I), Section
84.003, Civil Practice and Remedies Code, to include a dental hygienist
licensed under state law or a retired dental hygienist who is eligible to
provide health care services under state law within the definition of a
"volunteer health care provider."
The substitute modifies the original by adding Subdivision (5)(J), Section
84.003, Civil Practice and Remedies Code, to include an optometrist or
therapeutic optometrist licensed under state law or a retired optometrist
or therapeutic optometrist who is eligible to provide health care services
under state law within the definition of a "volunteer health care
provider."
C.S.H.B. 500 modifies the original bill in SECTION 2 by specifying in
proposed Section 84.004(c)(4) that a volunteer health care provider who
serves as a direct service volunteer of a charitable organization is immune
from civil liability for any act or omission that results in death, damage,
or injury to a patient if the patient signs the written statement before
the volunteer provides health care services. The substitute also modifies
the original in proposed Section 84.004(c)(4) by providing that the written
statement must acknowledge that the volunteer is providing uncompensated
care and the limitations on the recovery of damages from the volunteer,
rather than the waiver of the right to recover damages from the volunteer,
in exchange for receiving the health care, rather than the uncompensated,
services.